Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Procedimientos y recursos civiles y administrativos

18. Article 44.1 requires that judicial and administrative officials be able to enjoin or otherwise prevent infringing activity by a party, including by preventing the entry of infringing goods into the channels of commerce in their jurisdiction. Please describe authority of the judges and administrative officials identified in question 1 to order parties to stop infringements and to prevent infringing goods from entering the channels of commerce in their jurisdiction immediately after clearance of such goods through customs. In addition, please cite the legal authorities authorizing such actions.

The relevant South African Courts are empowered to give relief in the form of an interdict (injunction) to stop infringement and to prevent infringing products to enter the market and the channels of commerce generally, by prohibiting the sale and/or offering for sale of such products. The Courts can also order the delivery up of infringing products; and in the case of trademark infringement, the removal of the infringing mark from all products, or where this is not possible, the delivery up of such products. See, e.g.: Section 65(3) Patents Act No. 57 of 1978; Section 34(3) Trade Marks Act No. 194 of 1993; Section 24(1) Copyright Act No. 98 of 1978; Section 35(3) Designs Act No. 195 of 1993.